Current through January 14, 2025
Section 7-34-D-300.305 - Additional requirements for evaluations and reevaluations(a)Review of existing evaluation data. As part of an initial evaluation (if appropriate) and as part of any reevaluation, the IEP commi ttee and other qualified professionals, as appropriate, must (1) Review existing evaluation data on the child, including (i) Evaluations and information provided by the parents of the child;(ii) Current classroom-based, local, or State assessments, and classroom-based observations; and(iii) Observations by teachers and related services providers; and(2) On the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine (i)(A) Whether the child is a child with a disability as defined in §300.8, and the educational needs of the child; or(B) In case of a reevaluation of a child, whether the child continues to have such a disability, and the educational needs of the child;(ii) The present levels of academic achievement and related developmental needs of the child;(iii)(A) Whether the child needs special education and related services, or(B) In the case of the reevaluation of a child, whether the child continues to need special education and related services;(iv) Any observations conducted for a specific student in order to determine eligibility must be written in a report and included in the documentation provided to parents; and(v) Whether any additions or modification to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the IEP of the child and to participate, as appropriate, in the general education curriculum.(b)Conduct of review. The IEP committee described in paragraph (a) above may conduct its review without a meeting.(c)Source of data. The public agency must administer such assessments and other evaluation measures as may be needed to produce the data identified under paragraph (a) (Review of Existing Evaluation Data Under Additional Requirements for Evaluations and Reevaluations) of this section.(d)Requirements if additional data are not needed.(1) If the IEP committee and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the child continues to be a child with a disability, and to determine the child's educational needs, the public agency must notify the child's parents of (i) That determination and the reasons for the determination; and(ii) The right of the parents to request an assessment to determine whether the child continues to be a child with a disability, and to determine the child's educational needs.(2) The public agency is not required to conduct the assessment described in paragraph (d)(1)(ii) above unless requested to do so by the child's parents.(e)Evaluations before change in eligibility.(1) Except as provided in paragraph (e)(2) (Additional Requirements for Evaluations and Reevaluations) above, a public agency must evaluate a child with a disability in accordance with §§300.304 through 300.311 before determining that the child is no longer a child with a disability.(2) The evaluation described in paragraph (e)(1) above is not required before the termination of a child's eligibility under Part B of IDEA due to graduation from secondary school with a standard high school diploma, or due to exceeding the age eligibility for FAPE under State law.(3) For a child whose eligibility terminates under circumstances described in paragraph (e)(2) above and students with disabilities who exit high school through the District GED Option Program, a public agency must provide the child a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting postsecondary goals.7 Miss. Code. R. 34-D-300.305